Roadside Trees – Local Government Law

Posted February 22nd, 2017 in accidents, local government, negligence, news, trees by sally

‘In Cavanagh v Witley Parish Council, Queen’s Bench Judgment on 14 February 2017, the Parish Council was found liable in negligence when a large mature lime tree on its land, with severe and extensive decay in the root system extending into the base of the trunk, fell across a road and onto a bus, causing the driver severe injury. It was a busy public road. The tree, which leant towards the road, and was over 20 metres high, was in a high risk position alongside the road, albeit, on cursory observation, in a healthy condition. It required regular inspection by a competent arboriculturalist. The Council’s three-yearly inspection policy with regard to its tree stock was “inadequate”. Inspection should have been more frequent. The Council had been advised to do the survey every two years. The local Borough Council had at the relevant time been operating a one-year inspection in respect of trees in high-risk areas, including apparently healthy trees.’

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Local Government Law, 21st February 2017

Source: www.11kbw.com/blogs/local-government-law

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Jackson watch: fixed recoverable costs review – New Law Journal

Posted February 22nd, 2017 in budgets, costs, damages, negligence, news, personal injuries, proportionality by sally

‘David Pilling records the contributions & discussion points from Jackson LJ’s Manchester roadshow.’

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New Law Journal, 21st February 2017

Source: www.newlawjournal.co.uk

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Costs judge issues strong proportionality warning over need to plan cases – Litigation Futures

‘A costs judge has emphasised the need for solicitors to plan their litigation so as to ensure that their costs are proportionate, after slashing a £72,000 bill for a low-value clinical negligence case by two-thirds.’

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Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

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Court of Appeal criticises expert who failed to disclose “close connection” with defendant – Litigation Futures

Posted February 15th, 2017 in disclosure, doctors, evidence, expert witnesses, negligence, news by sally

‘A medical expert who failed to disclose that he had trained the defendant on whose behalf he was giving evidence and that they had “worked together closely for a substantial period” has been criticised by the Court of Appeal’

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Litigation Futures, 14th February 2017

Source: www.litigationfutures.com

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Expert Evidence, Independence and Objectivity: Exp v Barker [2017] EWCA Civ 63 – Zenith PI Blog

‘In EXP v Barker, the trial judge and Court of Appeal were faced with an unusual situation. An expert witness – although undoubtedly skilled and experienced in his field – had omitted to mention a close personal connection to the party instructing him.’

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Zenith PI Blog, 13th February 2017

Source: www.zenithpi.wordpress.com

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Still up in the air – is it a Bolam case or a Penney case? – Zenith PI

Posted February 10th, 2017 in cancer, doctors, negligence, news by tracey

‘In 2012 Mr Muller was diagnosed with a malignant melanoma on the sole of his left foot. The cancer had spread, despite a quick biopsy, and all secondary metastases were then removed. Fortunately, Mr Muller proceeded to receive positive six-month scans, is now clear of cancer and has maintained a normal life expectancy. All perfectly ordinary one would think – save that in 2011 a histopathologist had diagnosed the malignant melanoma as a non-malignant ulcer.’

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Zenith PI, 7th February 2017

Source: www.zenithpi.wordpress.com

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Law Society may intervene in landmark fraud case – Law Society’s Gazette

‘The Court of Appeal will be tasked with offering landmark guidance on the liability of professionals where property is purchased through an ID fraud. The Gazette exclusively revealed last week that City firm Mishcon de Reya faced a £1m payout after its client Dreamvar was duped into buying a London property from a tenant posing as the owner.’

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Law Society’s Gazette, 6th February 2017

Source: www.lawgazette.co.uk

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Adesokan v Sainsbury’s – Cloisters

‘Caspar Glyn QC considers the Court of Appeal’s judgment today that an employee can be summarily dismissed for negligence and that a wrongfully dismissed employee cannot normally maintain an ongoing claim for wages.’

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Cloisters, 24th January 2017

Source: www.cloisters.com

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Clin neg fixed costs plans unveiled as Hunt targets ‘unscrupulous’ firms – Law Society’s Gazette

‘Health secretary Jeremy Hunt today finally announced the details of the fixed costs regime for clinical negligence cases.’

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Law Society’s Gazette, 30th January 2017

Source: www.lawgazette.co.uk

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Pedestrian v Car: RTA Case Summary – Zenith PI Blog

Posted January 30th, 2017 in alcohol abuse, careless driving, negligence, news, personal injuries by sally

‘The driver of a car, who was not distracted and was driving at only 20mph, was negligent in failing to see a pedestrian who, in drink, walked out into the road in front of her car.’

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Zenith PI Blog, 26th January 2017

Source: www.zenithpi.wordpress.com

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Pedestrian -v- car : RTA case summary – Zenith PI Blog

Posted January 26th, 2017 in alcohol abuse, careless driving, negligence, news by tracey

‘Wooldridge v George (2017) QBD (Judge Walden-Smith) 23/01/2017. The driver of a car, who was not distracted and was driving at only 20mph, was negligent in failing to see a pedestrian who, in drink, walked out into the road in front of her car.’

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Zenith PI Blog, 26th January 2017

Source: www.zenithpi.wordpress.com

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Frances Cappuccini Caesarean death caused by hospital failures – BBC News

Posted January 17th, 2017 in birth, hospitals, inquests, medical treatment, negligence, news by tracey

‘A primary school teacher who was “terrified” of giving birth died following failures and inadequate treatment at hospital, a coroner has ruled as her family said the truth had finally been acknowledged.’

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BBC News, 16th January 2017

Source: www.bbc.co.uk

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Privilege – Closing the Stable Door – Zenith PI Blog

Posted January 4th, 2017 in accounts, disclosure, negligence, news, privilege, solicitors by tracey

‘Everyone knows that the privilege of communications between client and lawyer is a fundamental principle of English Common Law. But there has been some uncertainty as to what happens if the privilege is waived for the purpose of some litigation. That, it seems to me, is clearly dealt with by the Court of Appeal in the recent case of Eurasian Natural Resources Corp Ltd v Dechert LLP [2016] 1WLR 5027.’

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Zenith PI blog, 3rd January 2017

Source: www.zenithpi.wordpress.com

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Aggrieved student wins right to challenge degree grade in full trial – UK Human Rights Blog

Posted December 9th, 2016 in education, examinations, negligence, news, universities by sally

‘This case raises the interesting question of whether a disappointed graduate may call upon the courts to redress a grievance concerning the grade he was given for his degree; not just what his ground of claim should be, but whether this is the kind of grievance which should be navigated through the courts at all. There are some matters which are arguably non-justiciable matters of academic judgment.’

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UK Human Rights Blog, 9th December 2016

Source: www.ukhumanrightsblog.com

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Clinical Negligence Appeal – Findings Must be Justified on the Evidence! – Zenith PI Blog

Posted December 9th, 2016 in appeals, cosmetic surgery, damages, negligence, news by sally

‘This was an appeal against an order made by His Honour Judge Davey QC in the Bradford County Court on 05/06/16 where the judge awarded damages in the sum of £14,378.47 to the Claimant/Respondent, Mrs Claire Worrall (C) against the Defendant/Appellant, Dr Antoniadou (D).’

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Zenith PI Blog, 9th December 2016

Source: www.zenithpi.wordpress.com

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Finance and Divorce Update, December 2016 – Family Law Week

‘Sue Brookes, Senior Associate for Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during November 2016.’

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Family Law Week, 3rd December 2016

Source: www.familylawweek.co.uk

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MoD unveils plans to take military combat claims away from court – Law Society’s Gazette

Posted December 2nd, 2016 in armed forces, negligence, news, personal injuries by sally

‘The Ministry of Defence today unveiled plans to prevent the courts from adjudicating on allegations that injuries or deaths in the course of combat were the result of negligence. Defence secretary Sir Michael Fallon said he wanted to stop service and ex-service personnel being ‘caught up’ in long and frustrating legal cases where costs escalate.’

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Law Society’s Gazette, 1st December 2016

Source: www.lawgazette.co.uk

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Court confirms surveyor’s margin of error in negligence cases should not generally exceed 15% – OUT-LAW.com

Posted November 25th, 2016 in negligence, news, surveyors, valuation by tracey

‘A surveyor facing a professional negligence claim will only be able to argue a margin of error greater than 15% in the most exceptional of circumstances, the High Court has confirmed.’

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OUT-LAW.com, 24th November 2016

Source: www.out-law.com

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New-build ground rent scandal could spark legal battles – The Guardian

Posted November 21st, 2016 in conveyancing, negligence, news, rent, solicitors by sally

‘With thousands of homebuyers caught out by rapidly rising rents, the solicitors they used may face claims of professional negligence.’

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The Guardian, 19th November 2016

Source: www.guardian.co.uk

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Private hospital surgeon jailed over death of patient has conviction quashed on appeal – Daily Telegraph

Posted November 16th, 2016 in appeals, doctors, negligence, news, sentencing by sally

‘A surgeon who served a jail sentence over the death of a patient at a private hospital has won an appeal against his conviction.’

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Daily Telegraph, 15th November 2016

Source: www.telegraph.co.uk

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